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If you live in an FHA loan house can it be sold at your death to pay a judgment against you?

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2005-10-23 13:48:49
2005-10-23 13:48:49

The lender is not the deciding factor, although FHA insurance can sometimes prevent a home from foreclosure and/or a forced sale on in some situations. What determines if a creditor can use a judgment to seize a homestead is the laws of the state in which the property is located and how the home is titled.

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It depends on your state: If you live in most community property states (Louisiana West through Texas, and on the California) a judgment against her may affect your property if it is deemed to be "community property" which is property acquired during the marriage. If you live in a common law state, and the state has maintained "tenants by the entireities" as the form in which married persons hold property, then the property is, in all likelihood, free from the lien of the judgment.

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